Summary Judgment for Defrauded Property Owner
Nicholas R. Caputo, and David M. Blumenthal of Robinson Brog successfully represented an owner of a commercial building in the Bronx in having summary judgment granted in favor of their client, MBM1 Owners LLC (“MBM1”) in the case of Lido Realty LLC vs. 67-79 LLC, et al. Justice Barry Salman wrote a lengthy decision, in which the Court declared two deeds void on the basis that Defendant “Mark M.” had fraudulently represented that he had authority to sell the building on behalf of MBM1. Subsequent to the transaction, Mark M. was convicted by the United States District Court, Southern District of New York and sentenced to prison. In the action, the purported purchaser, 67-79 LLC, paid Mark M. over $6,000,000 for the building and received a deed signed by Mark M. as sole member of MBM1 Owners, LLC, one of the two owners of the building.
Prior to the action, Robinson Brog, as counsel for MBM1, filed several documents in the public record, including a Notice of Pendency, that put the world on notice that Mark M. had no authority to sign a deed for MBM1. As a result of this, the Court found that 67-79 LLC could not be a good faith purchaser and the Court awarded judgment as a matter of law to MBM1 and voided the deed. A copy of the Court’s decision can be found here.